Texas Attorney General Opinion: JM-670 Page: 3 of 5
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Honorable Bill Haley - Page 3 (JM-670)
by the transfer. The findings and order shall be
recorded in the minutes of the court.
(h) Title to all real property of the annexed
district within the territory annexed vests in the
receiving district, and the receiving district
assumes and is liable for any portion of the
annexed district's indebtedness that is allocated
to the receiving district under Section 19.004 of
this code.
Factual information accompanying your inquiry reflects that the
petitioners are residents of a "relatively small isolated area" in the
D.I.S.D. It is the "only (area] in the entire D.I.S.D. in which
children in kindergarten up to the 4th grade are bused over crowded
streets to schools which are located more than 7 miles from our area.
Yet, next door to our area are ample R.I.S.D. schools which are not
being fully utilized, and R.I.S.D. officials have indicated their
willingness to have our area annexed to their district." Petitioners,
pursuant to the provisions of section 19.022, prepared and presented
their petition to the Dallas County Commissioners Court asking that
the area in question be annexed to the Richardson Independent School
District. Upon approval of the petition, the Commissioners Court of
Dallas County, in accordance with the requirements of section 19.022,
gave notice of the contemplated change to the trustees of the affected
districts. Subsequently, "a representative of D.I.S.D. informed us
and others in writing that in his opinion section 19.022 did not apply
but rather section 19.008 which requires D.I.S.D. as well as R..S.D.
approval, and that such was not likely."
You state that the receiving district had originally indicated
its approval, but in light of the action by D.I.S.D. trustees, the
trustees of the R.I.S.D. have become reluctant to consider same before
the "approval by D.I.S.D."
Section 19.008, subchapter A, "General Provisions," provides in
pertinent part:
(a) An change in the boundaries of an in-
dependent school district governed by an elective
board of nine members and located in a county
having a population of 100,000 or more is not
effective unless approved by a majority of the
board of trustees of the district. (Emphasis
added).
Chapter 19 of the Texas Education Code was amended by House Bill
No. 634, Acts 1983, 68th Leg., ch. 285, at 1380, eff. Sept. 1, 1983.
The bill stated that chapter 19, as amended, was to be "a substantivep. 3069
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-670, text, April 7, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273108/m1/3/: accessed July 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.